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Full-Text Articles in Law
Local Protection: Raising A Matter Of 'Sovereign Concern', John R. Nolon
Local Protection: Raising A Matter Of 'Sovereign Concern', John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Challenges to the expansion of local initiatives aimed at local environmental protection question the powers delegated to municipal governments from the state. New York case precedent suggests that express and implied police power authority conferred from the state to municipalities is a broad concept and includes the power to protect natural resources, scenic views, and other environmental concerns. Through the use of this power, localities are better able to meet the environmental challenges they are faced with by using innovative grass-roots initiatives
Battle For The Ages: Defining Federal Power To Affect Local Land Use, John R. Nolon
Battle For The Ages: Defining Federal Power To Affect Local Land Use, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Under the 10th Amendment, the United States Constitution allows states to control land use within their jurisdiction. The federal government therefore, in its efforts to mitigate environmental damages caused by sprawl and over development, is limited to federal statutes carried about by federal agencies such as the Environmental Protection Agency managed Clean Water Act. Although these federal programs are helpful at reducing pollution from point sources, they are precluded from regulating non-point sources, such as the increased storm water run-off caused by expanding development. Through federally backed programs, states could support regional land use planning that would encourage stronger environmental …
In Our Backyards: Analyzing Local Authority To Adopt Environmental Laws, John R. Nolon
In Our Backyards: Analyzing Local Authority To Adopt Environmental Laws, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
While the authority of municipalities to partake in land use decisions is a well-established concept, a question often arises concerning local legislative authority to adopt environmental laws. This article discusses some of the arguments advocating local environmental authority by highlighting the correlation between land use law and environmental law. Also discussed in this article, is the authority granted to local governments by the state legislature and court decisions to mitigate adverse environmental impacts.